m b maria prakash
03 August 2010 at 20:43
we belons to cristian community.my grand parents were having 12 acres of land and an house as ancestirial property.they had two daughters and a son.in daughters one is my mother and another one unmarried and she died on 2006.son died on 1997 and wife is alive.my mother is still alive.My father was in army and we were not in village.my grandma died on 1971 and grandfather died on 1973.The case is when we we ware back to village we were said by the legalheirs that there is a will and 2 acres to my mother and 4 acres to unmarried and 6 acres to the son.Since they were elders my mother beleived and they too were not ready to show the will.By the way they had changed revenue records of what they said property on their name. But till date my mothers 2 acres are on the grandfathers name.In 1975 in a dispute of their said 4+6 property with the neighbour they have shown my mother as a legalheir.On1980 they together sold 2acres to some third party stating that it is an ancesstirial property.please guide me .till date will we have not seen.recenly last year for a shock they advertised in a news papper that as per the will dated 1971 ,shedule A,B properties belongs to them.please guide me in the issue and give me some supreme court judgements.THANKING YOU,
Anonymous
03 August 2010 at 18:30
Respected Experts,
The Owner and the builder have executed a Development Agreement agreeing 30% of built-up area towards the owner and 70 % towards the builder. And after execution of the said Development Agreement, the Developer executed a Development Agreement with some other parties agreeing to give 35% built up area to them from out of the 70% of his share, without consulting and knowledge of the owner.
The act of the Developer is legally valid one or not, since there is no clause to give sub Development to any 3rd parties. If so how far the said 3rd party Development Agreement is binding on the real owners.
raja athimoolam
03 August 2010 at 17:39
Whether the interest received for payment on motor accident Compensation of MACT claim is taxable or not? Please tell me citations if any.
Anonymous
03 August 2010 at 17:33
Respected Experts,
The owners and Developer have executed a Development Agreement (un-registered) in the year 2007 and both of them have cancelled the said document by executing a separate cancellation deed (un-registered) in the year 2009. While executing the said cancellation deed, the owners have returned back the amount to the Developer, what ever they received earlier. The said amount has been paid by way of post-dated cheques to the Developer by mentioning the Cheque details in the said deed. But the Developer has not presented the said cheques for realization till now and only two cheques were presented and honored. Now the other cheques are time barred.
At this juncture
1) What the Developer should do for recovery of the balance amount.
2) Is there any possibility to cancel the said cancellation deed?
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03 August 2010 at 16:58
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vipul
03 August 2010 at 14:41
Sir, We have a shop which is on rent and the owner(Mr B) of shop has sold the property to Mr A in 2003, Till date he(Mr B) and Mr A has not informed us about this. Mr A(new owner) is a GPA holder of the property
In 2003 when Mr B rejected to accept rent, we filed a case in Rent controll and started paying rent in court.
Recently we have come to know about the selling of this property to Mr A. My question is is new owner (Mr A) eligible to receive rent from me as he is GPA holder.
Ajay Dand
03 August 2010 at 13:41
In our Co-op. Hsg. Soc., the builder has sold stilt & open parking spaces to flat owners. Subsequently, the CHS had been formed. Recently, one of the members has constructed fence around the stilt parking space that he has purchased from the builder. When the society objected to this, the member claims that he is legally within his rights to construct such fences. The society's stand is that if such activity is permitted, tomorrow, someone can enclose his/her stilt parking space and can start storing material etc. Also, such barricading would prevent free movement of cars/people in the open spaces. We would like the honorable members to advice us as to what are the rights of such purchasers of Stilt parking and how can the society restrict such misuse of the privilege. Thanks for any advice/help in advance.
pratik
03 August 2010 at 10:03
Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.
Query : Which section says that Succession Certificate is confined only to movables assets & for immovable properties,you have to approach a regular civil court by filing a suit for declaration of your tile and other reliefs or by letters of administration from the court.& also if what is the difference between filing a suit for declaration of your tile & letters of administration from the court which will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
371. Court having jurisdiction to grant certificate.-The District Judge within whose jurisdiction the deceased ordinarily resided at the time of his death, or, if at that time had no fixed place of residence, the District Judge, within whose jurisdiction any part of the property of the deceased may be found, may grant a certificate under this Part.
Query : As per the above query the LD members has answered look at section 371 but there is a different point pls clarify me or any case laws regadring immovable & movable property in succession certificates. Becasue the abve mentioned section says the only word "property " & nothing like movable or immovable is considered while granting the succession certificate. So pls tell me where it has been mentioned that a district judge can give succession certificate only in kinds of movable property & also the movable property defianation as per the indian succession act, 1925. Also pls advice me whether to file a suit for declaration of your tile or letters of administration from the court which one is more better.which will be the best one & advantages to file a letters of administration from the court & disadvantages also advantages a suit for declaration of your tile & disadvantages.
Thanks In Advance.
God Bless U all.
Daksh
03 August 2010 at 09:50
Dear All,
In an ongoing Partnership concern the differences crop amongst the partners and without any formality they parted way. There was a bank account in which they were both joint signatory the whole of the amount has been appropriated by one partner alone. Now after a gap of more than two years if one of the partner comes to seek legal advice on the subject (as there is nothing in writing previosly to avoid any unpleasantness from the other partner and statutory authorities).
Best Regards
Daksh
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Court Order.
1) In case vakalath is not filed the court has a right to pass any order against the defendant. As per which section.
2) If the memo is filed & the latter if the advocate fails to file a vakalath than what are the steps can a court can taken or what order can the court can pass. & That order can be challened in appeal. Also if the advocate fails to file a vakalath than what are the penalties or any other things are laible. Whether penalties or any other things are laible then who is laible either advocate or his client. As per which section the above matters says or any case laws.
Thanks In Advance.